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Daily Business Review

'One of Those Rare Cases:' Florida Appellate Court Reverses Personal Injury Verdict

The Fifth DCA held, "[W]here, as here, the record shows that evidence of pain is undisputed or substantially undisputed, and the trial court denies additur based on a zero-award for pain and suffering, discretion has been abused."
4 minute read

New York Law Journal

Exit Spring, Enter Summer

"As the summer days pass us by, we examine the decisions of the past several months that impacted the field of trusts and estates," writes Ilene Cooper.
10 minute read

National Law Journal

Md. Supreme Court Affirms Virginia Damages Cap in Medical-Malpractice Case

"We hold that the circuit court erred in applying the Maryland cap on non-economic damages to the damages that the jury awarded to Ms. [Shelly] Blackston," Justice Angela M. Eaves wrote in her opinion for the Maryland Supreme Court. "Therefore, the cap on damages under Virginia law, not Maryland law, is applicable to the damages awarded by the jury."
3 minute read

Law.com

Eighth Circuit on Copyright Law: Simple Form Is Not Copyrightable and Using a Meme Was Not Fair Use

The U.S. Court of Appeals for the Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.
8 minute read

Litigation Daily

Litigator of the Week: Reversing a $2B Trade Secret Verdict, the Largest in Va. History

Josh Rosenkranz, Eric Shumsky and Chris Cariello of Orrick, Herrington & Sutcliffe secured a ruling from a Virginia appellate court that wiped out a $2 billion trade secret damages verdict facing Massachusetts software company Pegasystems Inc.
9 minute read

The Legal Intelligencer

A Picture Is Worth a Thousand Words ... But Not Dollars

New York's Appellate Division, Second Department recently affirmed a Supreme Court decision regarding the commercial use of a person's image without written consent. The case, Barbetta v. NBCUniversal Media, is of particular interest in today's social media-saturated environment and it highlights New York laws regarding the commercial use of another person's image without prior written consent.
6 minute read

New York Law Journal

NY Top Court Declines GOP Lawmakers' Request to Appeal Equal Rights Amendment Ballot Question

The proposed amendment to the New York State Constitution aims to explicitly protect people who have historically experienced discrimination based on their gender or other classifications, while also protecting against government actions that would curtail a person's reproductive autonomy or access to reproductive health care.
2 minute read

The Legal Intelligencer

Pa. Supreme Court to Weigh Whether Estates May Challenge Faulty Death Certificate Findings

"More fundamentally, before you think about a malpractice suit or a wrongful death suit, it enables somebody to have an avenue to get the judiciary involved when it comes to a point when the coroner or medical examiner are acting absolutely unreasonably," Podraza said.
4 minute read

Connecticut Law Tribune

While Constitutional Challenge to Conn. Vaccine Mandate Fails, Door Stays Open to Injunctive Relief

"But make no mistake, this decision is a victory for our plaintiffs and a victory for religious freedom in Connecticut and we look forward to pressing ahead with our Injunction motion so that we can get these disenfranchised children back to school while we await our trial," Lindy Urso said.
3 minute read

Texas Lawyer

U.S. Fifth Circuit Vacates USDOT 'Final Action' on Oil Drilling 'Explosive'

A plasma cutting device used to extract stuck pipes used in oil and gas drilling is not a "new explosive" and its transport cannot be barred, a federal appeals court ruled.
3 minute read

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